This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.
By using the Services, users consent to the collection and use of their Personal Data by us. You also represent to us that you have any and all authorizations necessary to use these Services including using them to process Personal Data. We collect and use the information you provide to us, including information obtained from your use of the Services. Also, we may use the information that we collect for our internal purposes to develop, tune, enhance, and improve our Services, and for advertising and marketing consistent with this
By using the Services, You acknowledge, consent and agree that we may collect, process, and use the information that you provide to us and that such information shall only be used by us or third parties acting under our direction, pursuant to confidentiality agreements, to develop, tune, enhance, and improve the Services.
INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OUR SERVICES:
When you access or use our Services, we automatically collect information about you, including:
Log Information: We log information about your use of our website, including your browser type and language, access times, pages viewed, your IP address and the website you visited before navigating to our website.
Device Information: We may collect information about the device you use to access our Services, including the hardware model, operating system and version, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information.
Location Information: With your consent, we may collect information about the location of your device to facilitate your use of certain features of our Services, determine the speed at which your device is traveling, and add location-based filters (such as local weather), and for any other purposes.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you. A “cookie” is a small data file transferred to your computer’s hard drive that allows a Website to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes, and dislikes. Overall, cookies are safe, as they only identify your computer to customize your Web experience. Accepting a cookie does not provide us access to your computer or any Personal Data about you, other than the information you choose to share. Other servers cannot read them, nor can they be used to deliver a virus. Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet Explorer, Firefox, or Google Chrome) to notify you of cookie placement requests, refuse certain cookies, or decline cookies completely. If you turn off cookies completely, there may be some website features that will not be available to you, and some Web pages may not display properly. To support the personalized features of our website (such as your country and language codes and browsing functions) we must send a cookie to your computer’s hard drive and/or use cookie-based authentication to identify you as a registered website user.
INFORMATION SHARED DURING TRANSACTION:
You agree that you will enter into transactions with third parties through our website and will share your personal data with them for easy completion of the transaction. You hereby expressly agree that we shall not be involved or held liable for any breach of the privacy or security of that data. The said breach, if any, shall be a matter of dispute between you and the third party and we shall not be held liable or be issued a notice for the same.
We STRONGLY recommend that you should be careful and vigilant while disclosing your personal data with your transaction partner. Please do not disclose your bank and account details to anyone through our website or to any individual whom you have met through our website.
We do not take credit card/debit card or other bank details on our website. For payment you will be directed to sign in through respective payment gateways and the transaction would be completed therein. It is to be noted that we will not be storing any Bank related information on our records and none of our staffs will hold or be exposed to this information.
WE DO NOT ASK any user to share its personal information with another user. If you opt to do so, you shall solely be responsible for any damages or issues that accrue thereafter. WE SHALL IN NO CASE BE HELD LIABLE OR RESPONSIBLE IF YOU SHARE YOUR PERSONAL INFORMATION WITH ANY OTHER USER ON OUR WEBSITE.
HOW WE USE YOUR INFORMATION:
We use the personal information we collect to fulfil your requests for services, improve our services and contact you.
By providing us your e-mail address, you consent to us using the e-mail address to send you our website and services related notices, including any notices required by law, in lieu of communication by postal mail. We may also be able to contact you to let you know about the status of your idea, the various fundings on your idea and the manufacturing details of the product based on your idea. You also agree that we may send notifications of activity on our website to the e-mail address you give us, in accordance with any applicable privacy settings. We may use your e-mail address to send you other messages, such as newsletters, changes to our features, or other information. If you do not want to receive optional e-mail messages, you may modify your settings to opt out.
Our settings may also allow you to adjust your communications preferences. If you do not wish to receive promotional email messages from us, you may opt out by following the unsubscribe instructions in those emails. If you opt out, you will still receive non-promotional emails from us about your account and our Services.
At our sole discretion, for any reason or no reason at all, we reserve the right to remove any content or messages, if we believe that such action is necessary (a) to conform to the law, comply with legal process served on us, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this policy, to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our website; or (c) to exercise or protect the rights, property, or personal safety of the website, our users, or others.
HOW WE SHARE YOUR INFORMATION:
We will not share the personal information we collect about you with any third party for their own marketing purposes without your consent. We have contract with third parties prohibiting them from sharing your personal data.
WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, ANY LAWSUIT OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
We take reasonable precautions to ensure that the Personal Data we Collect, Use and Disclose is complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
Let us know if there are any errors in your Personal Data; and
Keep us up-to-date with changes to your Personal Data such as your name or address.
HOW WE PROTECT YOUR INFORMATION:
We are very concerned about safeguarding the confidentiality of your personal data. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access.
By using this website or the Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website or Services.
We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. However, nothing in this Policy is intended to limit any legal defenses or objections that you may have to a third party, including a government’s, request to disclose your information.
YOUR CHOICES ABOUT YOUR INFORMATION:
You have several choices regarding use of information on our Services:
Changing or Deleting Your Personal Data: You may change any of your personal information by visiting the website and following the directions therein or by emailing us at firstname.lastname@example.org. You may request deletion of your personal data by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud prevention or similar purposes.
You may, of course, decline to submit personal data through the website, in which case, we may not be able to provide our services to you. You can review and correct the information about you that we keep on file by editing your account settings or by contacting us directly at email@example.com.
Protecting the privacy of young children is especially important. Thus, we do not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal data for accessing the Service. In the event that we learn that we have collected personal data from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us.
MERGER AND ACQUISITIONS:
In case of a merger or acquisition, we reserve the right to transfer all the information, including personal data, stored with us to the new entity or company thus formed. Any change in the website’s policies and standing will be notified to you through email.
LINKS TO THIRD PARTY WEBSITES:
Our website contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
DO NOT TRACK:
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform website and services that they do not want certain information about their webpage visits collected over time and across websites or online services.
We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the opt-out links. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
OPTING OUT OF INFORMATION SHARING
We understand and respect that not all users may want to allow us to share their information. If you do not want us to share your information, please contact us through the website and we will remove your information as soon as reasonably practicable. When contacting us, please clearly state your request, including your name, mailing address, email address and phone number.
However, under the following circumstances, we may still be required to share your personal information:
if we are responding to court orders or legal process, or if we need to establish or exercise our legal rights or defend against legal claims.
If we believe it is necessary to restrict or inhibit any user from using any of our Site, including, without limitation, by means of “hacking” or defacing any portion thereof.
PHISHING OR FALSE EMAILS:
If you receive an unsolicited email that appears to be from us or one of our members that requests personal data (such as your credit card, login, or password), or that asks you to verify or confirm your account or other personal information by clicking on a link, or to provide your personal information to any other user that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link. Please contact us on the contact details provided on the website if you get an email like this.
Continued use of our website and Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The policy constitutes a part of the user terms. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our website. In case there exists a conflict, we request you to kindly contact us for the final provision and interpretation.
Welcome to bksaraf.com (hereinafter referred to as the Website or we or us). The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of our Website constitutes your agreement to all such Terms.
Our Website is owned and operated by B.K.Saraf Pvt. Ltd. with its office located at M-13, Gole Market, Mahanagar, Lucknow Uttar Pradesh-226006. Our Website provides an online shopping Website through which users(hereinafter referred to as You, Your) will have the opportunity to view the different types of ornaments listed by the Company on the Website (collectively, the Services).
By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Website and Services and all Collective Content, and constitute a binding legal agreement between you and us.
This Website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Website fraudulently. This Website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
DEFINITIONS AND INTERPRETATION:
bksaraf.com means the online listing Platform via which users can view the different products that are listed on our website.
“User means an individual who uses the website to view the Products that are listed by the Company on the website.
“Product/s” means the range of ornaments which are listed on this website in accordance with the terms. Content means text, graphics, images, music, audio, video, information or other materials. User content means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our Website.
SNS means Social Networking website such as Facebook, twitter etc.
The official language of these terms shall be English. The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
ELIGIBILITY OF MEMBERSHIP:
Our Website reserves the right to terminate your membership and refuse to provide you with access to the Website if we discover that you are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our Website you agree to be bound by the Terms and Conditions.
Our Website is an online hosting Platform via which users can view the different products that are listed on the Website by the Company.
The Website at present doesn’t give the User the option to sell or buy the Products through the Website. The Website may later at its sole discretion integrate those services as well. The Website however, under no circumstances shall be under an obligation to provide you with the aforementioned services.
ACKNOWLEDGEMENTS/REPRESENTATIONS AND WARRANTIES BY USERS:
Our Website reserves the right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, we may at our sole discretion suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our Website. Any person who knowingly and with an intention to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law. The Website is only a venue through which Users can reach a larger base to view products/items listed on the Website. You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before making any purchases through the Website. Our Website strongly advises you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by us.
We have made every effort to display as accurately as possible the details of our products that appear on our Website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any product will be completely accurate.
All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.
Our Website attempts to be as accurate as possible. However, our Website does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, please contact our customer service department at our Website.
YOU AGREE AND CONFIRM:
That you will use the services provided by our Website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Website and / or other affiliated Websites without prior intimation whatsoever.
That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
You shall at all times ensure full compliance with the applicable laws regarding your use of our service.
It is possible those other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
YOU MAY NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Interfering with any other person’s use or enjoyment of the Site. Breaching any applicable laws; Interfering or disrupting networks or web sites connected to the Site. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our site, services
MODIFICATION OF TERMS & CONDITIONS OF SERVICES:
We may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Website. You should regularly review the Terms &Conditions on our Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.
This Website will not be liable for delays resulting from incomplete address. In such cases the customer will have to bear the reshipping charges.
COPYRIGHT & TRADEMARK:
Our Website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of bksaraf.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
bksaraf.com names and logos and all related product and service and our slogans are the trademarks or service marks of B.K. Saraf Pvt. Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website(collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software. All software used on this website is the property of our website or its suppliers and protected by laws of India. The Contents and software on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of India. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of our website and is also protected by laws of India.
If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Your contact information, including your address, telephone number and an email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner. We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.Notices regarding our website should be sent to: firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless our Company/Website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the website(or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to our website: if we determine that you have breached, or are acting in breach of, this Agreement; if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights; if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
to manage any risk of loss to us, a User, or any other person; or For other similar reasons. If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
DISCLAIMERS AND LIMITATION OF LIABILITY:
The website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site. The website provides content from other Internet sites or resources and while our website tries to ensure that material included on the website is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: Your use of or your inability to use our Website, Services and tools; Delays or disruptions in our Website, Services, or tools; Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools; Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them; The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account; and
To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this USER AGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE VALUE OF THE PRODUCT ORDERED BY YOU. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
GOVERNING LAWS AND JURISDICTION:
This User Agreement shall be construed in accord with the applicable laws ofIndia regardless of your physical location. The Courts at Lucknow, India have exclusive jurisdiction in any proceedings arising out of this agreement.
Generally, transactions are conducted smoothly on our website. However there may be some cases where we and you may face issues. A ‘Dispute’ can be defined as a disagreement between you and us in connection with a transaction on the Website.
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The venue for arbitration shall be Lucknow, India and the Arbitration shall be in accordance with the laws of India and the language used for arbitration shall be English.
The award of the arbitration shall be binding on both, you and us.
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from us on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the website and Services are subject to our Privacy Statement.
By using the website and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the website and Services.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the website and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that: For letters, the letter was properly addressed, stamped and placed in the post; and For emails, the email was sent to the specified email address.
In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in India and all other countries. You should comply with applicable regulations.
LINKS TO OTHER WEBSITES/ APPLICATIONS:
Links to third party Websites/Applications on this website are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites/ Applications. We have not reviewed these third party Websites/ Applications and does not control and is not responsible for any of these Websites/ Applications or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites/ Applications linked to this site, you do this entirely at your own risks.
NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion. We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) act of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
Domestic Shipping Policy
Shipping of the order from BK Saraf Pvt. Ltd. is very safe, secure and hassle free. All our products are insured during the in transit by insurance company. We are really excited to offer shipping throughout India. The product prices displayed on the Application are exclusive of all applicable taxes and duties. As the recipient, you are liable for all duties, customs and local sales tax levied by the government at the time of ordering.
Every package of product purchased from BK Saraf Pvt. Ltd. will reach to your doorstep in a durable condition and in a tamper-proof packing. Our courier partners are BVC Logistics/ Sequel Pvt. Ltd. We will dispatch through any of these courier partners depending upon their serviceability in the shipping address. You will be notified when your order ships from our warehouse with a tracking id. Shipment processing time All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays or in case of FORCE MAJEURE (pls refer to Terms and conditions).
If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
Shipping rates & delivery estimates
Shipping charges for your order will be calculated and displayed at checkout.
Estimated delivery time
BVC Logistics Standard eShip
5-7 business days
Free wherever serviceable.*
BVC Logistics Standard eShip
7-10 business days
Extra to be paid to logistics partner directly if in non-serviceable areas.*
Please refer to the excel list for serviceable areas.
*Delivery delays can occasionally occur.
All deliveries can be tracked through https://bvcmars.com/GUI/Tracking_New/WebSite/TrackConsignmentNew.Aspx
www.bksaraf.com ships to addresses within India only.
Shipment confirmation & Order tracking:
You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
Orders can be delivered only to Consignee / Recipient’s Residential or Work Location and cannot be done at any public places.
If at all the recipient is unavailable during the time of delivery, Courier Company will try to make 2 attempts to deliver the product. In case you are still not reachable / available, the same will be returned to our warehouse.
Guarantee of the delivery of the product is subject to the terms and conditions of Courier Company. Any kind of discrepancy in the details of the receiver will result in non-delivery of product. BK Saraf Pvt. Ltd. holds the right to change this policy at any time without prior notice. In the event that any changes are made, the revised policy shall be posted on this website. Customs, Duties and Taxes
www.bksaraf.com is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
You can pay via credit/debit cards or any other payment method listed on our Application using our payment gateway at the time of checkout. Payment is accepted in INR (Indian National Rupee) at the time of purchase. Duties and taxes are not included. Delivery to Identified Person Customer needs to enter the correct details of Consignee / Recipient Name (as stated in their photo identification issued by the Government of India) with complete Address, nearby landmark, pin code and contact number for hassle free delivery. As the product reaches the destination, at the time of delivery, the recipient will have to provide any of the below mentioned identity proofs to collect the product:
We make sure that delivery is made with the help of courier agent after checking the identity proof of the recipient and the courier agent confirms the same. To make sure that the delivery is safe and secured, the courier agent will note down details of the recipient’s identity proof. During this process, the receiver is expected to cooperate with the agent by providing with original copies of identity proof for identification.